[DOCID: f:w-93-062.wais] CONTRACTORS SAND & GRAVEL SUPPLY, INCORPORATED May 28, 1996 WEST 93-62-M FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280 DENVER, CO 80204-3582 303-844-3993/FAX 303-844-5268 May 28, 1996 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. WEST 93-62-M Petitioner : A.C. No. 04-03404-05509 : v. : Docket No. WEST 93-406-M : A.C. No. 04-03404-05510 CONTRACTORS SAND & GRAVEL : SUPPLY, INCORPORATED, : Docket No. WEST 93-407-M Respondent : A.C. No. 04-03404-05511 : : Docket No. WEST 93-463-M : A.C. No. 04-03404-05512 : : Scott River Plant : : Docket No. WEST 93-117-M : A.C. No. 04-04679-05506 : : Docket No. WEST 93-141-M : A.C. No. 04-04679-05507 : : Docket No. WEST 93-408-M : A.C. No. 04-04679-05508 : : Docket No. WEST 93-409-M : A.C. No. 04-04679-05509 : : Docket No. WEST 93-462-M : A.C. No. 04-04679-05510 : : Montague Plant DECISION AFTER REMAND APPROVING SETTLEMENT Before: Judge Cetti These consolidated civil penalty proceedings are before me upon petitions for assessment of civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq., (Mine Act). The Secretary of Labor on be- half of the Mine Safety and Health Administration, charged the operator of the Scott River Plant and Montague Plant with numerous violations of safety standards set forth in Part 56, Title 30, Code of Federal Regulations. A Default Decision was issued July 21, 1994, when there was no response to my Show Cause Order. Thereafter, the Commission reopened the matter and vacated the Default Decision and remanded the matter to this Judge. Respondent then obtained counsel who filed a timely answer contesting the alleged violations. The matter was set for hear- ing which had to be canceled because of the medical condition of the principal witness. The parties then filed cross motions for summary decision. On March 25, 1996, I issued a Summary Decision vacating Citation No. 3911909 in Docket Nos. WEST 93-462-M and WEST 94-409-M and dismissing WEST 94-409-M. At this time, the remaining consolidated cases are before me on petitions for assessment of civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(d). The parties, by counsel, filed an amended motion to approve a settlement agreement of all the remaining citations. Under the proffered settlement there is a reduction in the amount of the proposed penalties for 12 of the citations and no changes in the original proposed penalties for 15 of the citations as follows: Health and Safety Original Proposed Standard Cited Proposed Amended Citation No. (CFR Title 30) Penalty Penalty 3911911 56.14107(a) $3,000.00 $ 100.00 3636680 56.12013 267.00 100.00 3911916 56.12013 1,457.00 100.00 3911919 56.14132(b)(1) 987.00 100.00 3636674 56.14109(b) 168.00 100.00 3636675 56.14107(a) 220.00 100.00 3636676 56.14109 168.00 100.00 3914031 56.5050(b) 50.00 50.00 3911912 56.4200 50.00 50.00 3911914 56.4402 50.00 50.00 3911917 56.12013 50.00 50.00 3913895 56.12028 382.00 100.00 3913890 56.14112 147.00 100.00 3913891 56.14112(a) 147.00 100.00 3913892 56.15001 50.00 50.00 3913893 56.18002 50.00 50.00 3913894 56.14100 50.00 50.00 3913897 56.14107 50.00 50.00 3913883 56.15001 50.00 50.00 3911799 56.12041 50.00 50.00 3911903 56.12032 50.00 50.00 3911907 56.14107(a) 119.00 100.00 3911901 56.4200 50.00 50.00 3911904 56.14107(a) 50.00 50.00 3911905 56.14109(b) 50.00 50.00 3911902 56.12013 50.00 50.00 3911906 56.12020 337.00 100.00 TOTAL $1,950.00 Under the proffered settlement agreement it is also agreed that, with the exception of those claims for fees and expenses set forth in Docket No. EAJ 96-3 filed with the Commission on April 24, 1996, each side shall bear its own costs and legal fees. I have considered the representations and documentation including the pleadings, the detailed responses to the prehearing orders, the affidavits and various transcripts of the depositions submitted in this case, and I conclude that the proffered settle-ment is appropriate under the criteria set forth in section 110(i) of the Act. WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent, Contractors Sand and Gravel Supply, Inc., PAY a penalty of $1,950.00 to the Secretary of Labor within 30 days of this decision. Payment shall be made to the Office of Assessments, Mine Safety and Health Administration, P.O. Box 160250-M, Pittsburgh, Pennsylvania 15251. Upon receipt of payment, the above-captioned proceedings are dismissed. August F. Cetti Administrative Law Judge Distribution: Steven R. DeSmith, Esq., Office of the Solicitor, U.S. Department of Labor, 71 Stevenson Street, Suite 1110, San Francisco, CA 94105 C. Gregory Ruffennach, Esq., RUFFENNACH LAW OFFICES, 1675 Broadway, Suite 1800, Denver, CO 80202 \sh